“This Supreme Court judgement allows for delay in justice for the already oppressed Dalit community of our country. It is very clear that the Supreme Court judges are acting at the behest of somebody else,” said Mevani. The MLA was speaking at a protest organised by the Dalit Damanitara Horata Samiti (DDHS).
People from various professions, including advocates, professors and student activists actively participated in the demonstration against the March 20 Supreme Court judgement.
The Supreme Court, hearing Subhash Kashinath Mahajan versus State of Maharashtra case, ruled that a public servant cannot be prosecuted under the Atrocities Act without the approval of an appointing authority which will look into the merits of the case before deciding whether an FIR can be registered or not. It also ruled that in case of complaints being registered against private citizens, the accused can be arrested only after an inquiry conducted by the Deputy Superintendent of Police (DSP). The Supreme Court deemed these steps were necessary to ensure no frivolous cases are registered and that the Act is not misused.
The judgement irked several Dalit and Adivasi groups who called for a Bharat Bandh on Monday. The strike saw violent demonstrations in Madhya Pradesh, Rajasthan, Punjab, Bihar, Uttar Pradesh, Gujarat and Jharkhand, leaving nine persons dead and curfew imposed in several parts. In Karnataka, Dalit activist groups are preparing to hold a three-day protest in various districts from April 5.
High Court Advocate Mohan Kumar called the judgement as being against the ethos of the Act. “Only three to eight percent cases (under the Atrocities Act) result in conviction. On top of that when the Supreme Court declares that a review will be made on each information that comes in before an FIR can be registered, it dilutes the whole purpose of the Act,” he said.
Seema K, an activist who participated in Wednesday’s demonstration, said, “we will be holding protests across the State. For years we are being targeted in various ways. This Act allowed for direct action against those who committed atrocities against us. Despite the presence of this Act, oppressors have not been punished and the Supreme Court seems completely oblivious to the harsh realities happening in the country.”
The Central Government had filed a review petition challenging the apex court’s judgment. While the court accepted the petition on Tuesday, it said that it has not diluted the provisions of the Act but instead put a check and balance system in place to avoid distress and harassment of innocent people.
Mevani said the Centre’s petition on the Supreme Court judgement showed the “fascist face” of the ruling Bharatiya Janata Party (BJP). “The government filed a review petition only after there were protests in MP and Rajasthan which are poll bound states. They know that this judgment will have an impact on votes and hence moved the petition as an election strategy. We all know how they have been oppressing Dalits for years and what their views are,” he added.
Talking about upcoming elections in Karnataka, Mevani said that he is urging all Dalit groups to vote against the BJP. “We cannot have Karnataka turn into another fascist-ruled state. Who they vote for is up to them but I would urge them to not bring BJP to power here,” he added.
-By Nivedita Niranjankumar
The author is a member of The NewsCart, a Bengaluru-based media startup.